City examines right-of-way access changes

By Molly McGowan

Published: Tuesday, December 25, 2012 at 07:45 PM.

Burlington is considering a revamped right-of-way policy that would require agreements from major utilities, private companies and local companies and impose fees whenever pavement has to be cut to install utilities.

In early December, City Engineer Lanny Rhew presented city council with a large packet detailing the proposed changes to the existing policy.

“What we have now are franchise agreements with the major utilities,” such as gas, electric and telephone companies, said Rhew. “The proposed ordinance will stipulate what will be required in the future,” and requires similar agreements with non-franchised companies, he said.

City Manager Harold Owen explained that traditionally, public right-of-way was limited to certain groups, such as utility companies.

“But now with technology and fiber, you’ve got so many people needing to access public right-of-way,” Owen said. “We’re trying to orderly maintain the public right-of-way so all these services can function.”

To do that, Rhew said the major franchises would still be required to sign a Franchise Agreement, under the proposed Major Utility Franchise Ordinance.

The new ordinance would add a $75 application fee to the excavation permit — which the contractors are already required to have before any utility installation — as well as a “pavement degradation fee” based on the size and type of cut in existing pavement.

Burlington is considering a revamped right-of-way policy that would require agreements from major utilities, private companies and local companies and impose fees whenever pavement has to be cut to install utilities.

In early December, City Engineer Lanny Rhew presented city council with a large packet detailing the proposed changes to the existing policy.

“What we have now are franchise agreements with the major utilities,” such as gas, electric and telephone companies, said Rhew. “The proposed ordinance will stipulate what will be required in the future,” and requires similar agreements with non-franchised companies, he said.

City Manager Harold Owen explained that traditionally, public right-of-way was limited to certain groups, such as utility companies.

“But now with technology and fiber, you’ve got so many people needing to access public right-of-way,” Owen said. “We’re trying to orderly maintain the public right-of-way so all these services can function.”

To do that, Rhew said the major franchises would still be required to sign a Franchise Agreement, under the proposed Major Utility Franchise Ordinance.

The new ordinance would add a $75 application fee to the excavation permit — which the contractors are already required to have before any utility installation — as well as a “pavement degradation fee” based on the size and type of cut in existing pavement.

Rhew said a 4-foot-by-4-foot “window cut,” used when utilities tie into an existing line would probably cost $203, including both the application and degradation fees. He added that the fees would apply to private and local companies, as well, if their work included cutting pavement.

Rhew said the added fees would help offset the cost of rebuilding the sections of pavement cut during such utility installations, since the pavement’s life expectancy is decreased by the cutting and installation procedures.

Under the new policy, private companies would be required to sign a right-of-way use agreement, which would be for a shorter time period than that of a franchise agreement. Rhew said franchise agreements are generally for 30 years, whereas a right-of-way use agreement would be closer to 10 years.

“The purpose is to make sure we have responsibility and ownership identified, that there is a process in place for identifying (right-of-way users),” Rhew said.

Similarly, local companies wanting to use the public right-of-way would be required to sign encroachment agreements, which Rhew said the city council would approve “on a case-by-case basis.”

He said local companies would generally use the right-of-way for extending communication fiber from building to building.

“The right-of-way would basically be their only option,” Rhew said. “They want to own and maintain this communication line.”

The updated right-of-way policy, including the two proposed ordinances and pavement cut policy, will be presented in additional detail to city councilmen and city staff during January’s work session, said Rhew. At that point, he said, the council will determine whether a public hearing will be held for the proposed policy changes.